CatholicCare Wollongong (Catholic Family Welfare Services)

[2013] FWCA 7745

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CatholicCare Wollongong (Catholic Family Welfare Services)
(AG2013/9547)

CATHOLICCARE WOLLONGONG (CATHOLIC FAMILY WELFARE SERVICES) ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 4 OCTOBER 2013

Application for approval of the CatholicCare Wollongong (Catholic Family Welfare Services) Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the CatholicCare Wollongong (Catholic Family Welfare Services) Enterprise Agreement 2013 (the ‘Agreement’). The application has been made pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’) by the Catholic Commission for Employment Relations (the ‘applicant’).

[2] I have considered the matters contained in the Form F17 declaration made by Ms Louisa Pride, Human Resources Manager, on behalf of the employer and those of Ms Carol Matthews of the Independent Education Union of Australia NSW/ACT Branch and Ms Sally McManus of the Australian Municipal, Administrative, Clerical and Services Union NSW/ACT Branch (collectively the ‘Unions’) contained in the Form F18 declarations.

[3] I am satisfied that each of the requirements of ss 186 and 187 of the Act, as are relevant to this application for approval, have been met.

[4] In accordance with s 187(5)(a) of the Act, I am satisfied that the Unions are entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement in relation to work that is to be performed under it. I note the Unions will be covered by the Agreements. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 11 October 2013 and have a nominal expiry date of 11 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CatholicCare Wollongong, represented by Catholic Family Welfare Services, sought approval of their 2013 Enterprise Agreement. The Fair Work Commission (FWC) was tasked with assessing the agreement under the Fair Work Act 2009. The key dispute centred on whether the proposed terms and conditions within the agreement met the criteria for approval under the statute. The FWC had to determine if the agreement provided fair and reasonable terms for employees and did not unfairly disadvantage any party.

The legal issues that the FWC addressed involved ensuring that the agreement complied with the statutory requirements, including provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. The FWC had to scrutinise whether the agreement provided for fair and reasonable terms, taking into account the principles of procedural fairness and the overall fairness of the agreement. The FWC also needed to consider whether the agreement adequately addressed any potential disadvantages to employees and whether it adhered to the procedural fairness standards set out in the Fair Work Act.

In its reasoning, the FWC acknowledged that the agreement presented a comprehensive set of terms that generally adhered to the statutory requirements. The FWC found that the proposed terms were fair and reasonable for the employees involved. The commission also determined that the agreement did not unfairly disadvantage any party and complied with procedural fairness. Based on these findings, the FWC approved the CatholicCare Wollongong (Catholic Family Welfare Services) Enterprise Agreement 2013.

The FWC's final order was the approval of the 2013 Enterprise Agreement, which became a legally binding contract between CatholicCare Wollongong and its employees. This decision ensured that the terms and conditions of employment were fair, reasonable, and in compliance with the statutory requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established